Summary

Tucker said Jan. 21, 2011, his decision in the shooting of Wayne Scott Creach came down to this fact: Deputy Brian Hirzel has more protection under the law than the average citizen.

“As soon as you feel you are in imminent danger, like drawing a gun, you are allowed to use deadly force,” Tucker said. Hirzel “was the only witness we had.”

It is one of the most controversial police shootings in Spokane County in years.

The Spokane Police Department, which was asked to investigate the shooting of the 74-year-old nursery owner, released its 733-page investigative file on Sept. 16. The file made no recommendation on whether the shooting was justified or if criminal charges should be filed against Hirzel, who is assigned to the Spokane Valley Police Department.

However, Tucker said state law clearly states that a person must follow a lawful order from police. “When an officer asks you to drop a weapon, you drop it,” he said. “Even in the Old West, if a deputy sheriff comes up on an outlaw and says ‘Drop the gun,’ you drop the gun or a gunbattle starts.”

Creach’s son, Alan Creach, has said his father was well within his rights to carry a gun to protect his property, as he had done for years.

Creach, who had gone to check on why a car was in his parking lot so late at night, died shortly after Hirzel shot him once in the chest during an encounter in the parking lot of the Creach family’s nursery and greenhouse complex at 14208 E. Fourth Ave.

Hirzel was in uniform but driving an unmarked patrol car that he had pulled into the nursery lot to watch for prowlers in the neighborhood. The 18-year law enforcement veteran said he was writing up a collision report about 11:07 p.m. when he saw the shirtless Creach approach with a gun in his right hand and a flashlight in his left.

Though no witnesses heard him, Hirzel said he ordered Creach five or six times to drop the gun. He said Creach replied that he didn’t have to and instead put the .45-caliber, semi-automatic pistol in his back waistband.

Hirzel said he ordered Creach to the ground, but the older man refused, and the deputy struck Creach in the leg with his baton using a backhand swing. Hirzel said Creach then reached for his gun and Hirzel fired when he saw the butt of the weapon.

Right after the shooting, Hirzel was allowed to take a scheduled vacation to Montana and Las Vegas – a fact that wasn’t revealed to the public for several days, and which prompted a public outcry. Nine days passed before detectives interviewed Hirzel about the shooting, and by then the deputy couldn’t recall several details about the fatal encounter, such as how close he was to the pastor when he shot him; how it happened that his patrol car’s spotlight was turned on and pointed in Creach’s direction; and whether his request for backup was made before or after the baton strike.

Sheriff Ozzie Knezovich said Hirzel was willing to talk the night of the shooting, but investigators were concerned about violating policies prohibiting interviews in critical incidents like officer-involved shootings within the first 72 hours. On Sept. 30, Knezovich announced a reversal of that practice, saying investigators probing officer-involved shootings no longer will be required to wait three days before interviewing employees of the sheriff’s office.

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Nov. 7, 2010 in City on Page A1
Facing the muzzle of a gun, a Spokane County sheriff’s deputy said he had one immediate thought: death. Ryan Walter squeezed off eight rounds at the gunman, Donald J. Lafavor. …
64

Oct. 16, 2010 in City on Page A1
Spokane County Prosecutor Steve Tucker is asking voters for another four years in office at the same time he is trying to decide whether to bring charges in a controversial …
37

Oct. 8, 2010 in City on Page A5
The autopsy report of pastor Wayne Scott Creach has been turned over to Spokane County Prosecutor Steve Tucker, but it does little to answer many of the family’s questions. Creach’s …
75

Sept. 29, 2010 in City on Page A5
The son of pastor Wayne Scott Creach, killed by a Spokane County sheriff’s deputy last month, urged the Spokane Valley City Council on Tuesday to change its police services contract …
5

Sept. 18, 2010 in City on Page A1
Although the Constitution gives citizens the right to bear arms, state laws passed since then dictate how citizens can legally carry and use weapons. Spokane County Prosecutor Steve Tucker and …
223

Sept. 17, 2010 in City
Although the Constitution gives citizens the right to bear arms, state laws passed since then dictate how citizens can legally carry and use weapons. Spokane County Prosecutor Steve Tucker and …
24

Sept. 17, 2010 in City on Page A1
Deputy Brian Hirzel told investigators that he feared for his life before he fired the shot that killed Pastor Wayne Scott Creach. The 733-page investigative file released Thursday by the …
52

Sept. 16, 2010 in City, News
The investigation into last month’s police shooting of a Spokane Valley pastor and businessman has been completed and turned over to county prosecutors for review, authorities said today. Investigators have …
67

Sept. 16, 2010 in City on Page A6
Spokane County Sheriff Ozzie Knezovich said Wednesday morning that he was in the process of releasing the identities of deputies who responded over the past five years to crime reports …
7

Sept. 15, 2010 in City on Page A1
Pastor Wayne Scott Creach not only routinely carried his .45-caliber pistol on his property, he was known by police to hold theft suspects at gunpoint until officers could arrive and …
144

Sept. 14, 2010 in City
Pastor Wayne Scott Creach not only routinely carried his .45 caliber pistol on his property, he was known by police to hold theft suspects at gunpoint until officers could arrive …
31

Sept. 14, 2010 in City on Page A5
The Democratic challenger for Spokane County prosecutor on Monday called for the Washington State Patrol to take over the investigation into the fatal shooting of a Spokane Valley pastor. Spokane …
17

Sept. 14, 2010 in City on Page A7
Deputy Brian Hirzel, already under investigation for fatally shooting a Spokane Valley pastor, now is the subject of a new probe. Hirzel failed to disclose, as required under Sheriff’s Office …
54

Sept. 10, 2010 in City on Page A5
Earlier this week, 13 days after a cop fatally shot a citizen on his own property, Spokane police Chief Anne Kirkpatrick appeared before the public. Basic information about the shooting …
94

Sept. 9, 2010 in City
The Spokane Police Department announced Thursday that it is still seeking potential witnesses who may have seen or heard the encounter on Aug. 25 when Deputy Brian Hirzel shot and …
25

Sept. 9, 2010 in City on Page A5
Spokane County Sheriff Ozzie Knezovich is frustrated and caught off guard by the public reaction to the decision to allow Deputy Brian Hirzel to leave for vacation just hours after …
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